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96-R-08 '-' ...., , . RESOLUTION NO. 96-R-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING PURCHASING REGULATIONS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has determined that it is in the best interests of the citizens of Edgewater to establish purchasing regulations which promote efficient and economical purchasing of commodities, goods and services. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Exhibit A entitled "Purchasing Regulations" which is attached hereto and incorporated by reference shall be binding upon the City Council and all agencies, boards, committees, departments, and employees responsible to the City Council as set forth therein. Section 2. The "Purchasing Regulations" may be amended from time to time as deemed appropriate by the City Council upon adoption of a resolution approving such amendments. Section 3 . All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 4. This resolution shall take effect upon adoption. After Motion by Councilman Hays and Second by Councilman Mitchum, the vote on this resolution was as follows: Mayor Jack H. Hayman, Sr. AYE Councilman Danny K. Hatfield AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE PASSED AND DULY ADOPTED this 15th day of April, 1996. 96-R-08 1 ATTEST, CITY COUNCIL OF THE e. Jinja ## p",�'���� CITY OF EDGEWATER, FLORIDA . fir§? '? Hy: 5ttsen�'J�. rth ack H. Sr .�._( �ity•C2erk"='" Mayor APPROVED /FOR FORK & CORRECTNESS: Krista A. Storey City Attorney 96-R-OS PURCHASING REGULATIONS Section 1. Applicability These Purchasing Regulations shall be binding on the City Council and all agencies, boards, committees, departments, and employees responsible to the City Council as established herein. These Regulations shall be deemed supplemental to any applicable requirements of State law. Section 2. Implementation and Enforcement The City Manager shall he responsible, through and in conjunction with the Finance Director, for implementing and enforcing the Purchasing Regulations on a Citywide basis. Each Department Head shall be responsible for implementing and enforcing these Purchasing Regulations within his department. Violation of the Purchasing Regulations may be grounds for disciplinary action, up to and including discharge. Section 3. General Purchasing Policy Normally, purchases of materials, supplies, equipment and services from outside vendors will be acquired through competitive quotations or bidding. The only exceptions permitted to this policy are those authorized in other sections of these Purchasing Regulations or by the City Council. Section 4. Master Bidders List The Finance Department shall maintain a Master Bidders List comprised of vendors that have requested the opportunity to bid on City purchases. The Master Bidders List shall be used for formal written quotations and sealed bids. The City is not limited to the use of vendors on the Master Bidders List, but may solicit bids or quotations from other vendors if it is deemed in the best interest of the City to do so. Section 5. Purchases of $2,000 or Less A. Items or services of $2,000.00 or less shall be acquired through informal quotations. The Department Head shall solicit informal quotations by telephone, in person or in writing. In requesting quotations, it is essential that all vendors be given the same information and that prices are not disclosed to other vendors. Department Heads are responsible for obtaining a sufficient number of quotations to insure that the best possible value is obtained for the City. The Department Head shall select Adopted 96-R-08 4/15/96 the vendor whose proposal is in the best interest of the City after considering: (1) the price; (2) the capability, integrity and reliability of the vendor; and (3) any other special factors deemed important by the Department Head. B. Upon selection of a vendor, the Department Head shall initiate the Purchase Order process. The Department Head is authorized to proceed with the purchase upon receipt of a Purchase Order number from the Finance Department. The Finance Director shall review the Purchase Order for budgetary compliance and cost consistency with similar purchases. Department Heads shall provide the Finance Director with the informal quotations upon request. In his discretion, the Finance Director may submit a Purchase Order to the City Manager for review. C. The purchase of capital items over $500 shall require the approval of the City Manager. Upon completion of his review, the Finance Director shall submit the Purchase Order to the City Manager. The Department Head is authorized to proceed with the purchase upon receipt of a copy of the Purchase Order signed by the City Manager. Section 6. purchases Over $2000 But Not More Than $5000 A. Items or services over $2,000.00, but not more than $5,000.00 shall be acquired through formal written quotations. At a minimum, the Department Head shall submit a request for formal written quotations along with the specifications to all applicable vendors found on the Master Bidders List. Department Heads are responsible for obtaining a sufficient number of formal written quotations to insure that the best possible value is obtained for the City. The Department Head shall select the vendor whose proposal is in the best interest of the City after considering: (1) the price; (2) the capability, integrity and reliability of the vendor; and (3) any other special factors deemed important by the Department Head. Upon selection of a vendor, the Department Head shall initiate the Purchase Order process. The Finance Director shall review the Purchase Order for budgetary compliance and cost consistency with similar purchases. Department Heads shall provide the Finance Director with the written quotations upon request. The purchase of items and services over $2,000.00 shall require the approval of the Finance Director. The Department Head is Adopted 96-R-0R 4/15/96 authorized to proceed with the purchase upon receipt of a copy of the Purchase Order signed by the Finance Director. In his discretion, the Finance Director may submit a Purchase Order to the City Manager for review. Section 7. Purchases Over $5000 A. Items or services over $5,000.00 shall generally be acquired through formal sealed bids approved by the City Council. Items or services over $5,000.00 may be acquired through a Request for Proposals (RFP) approved by the City Council upon determination by the City Manager that this purchasing method is in the best interest of the City. In general, a Request for Proposal is appropriate when a need for a service has been identified, but no fixed specifications exist; when the expertise/creativity of a vendor is sought to assist the City. B. The request for formal sealed bids or RFP shall be prepared by the Department Head based on the Standard Bid/RFP Form which is hereby incorporated by reference. Prior to distribution, the document shall be approved by the City Manager and City Attorney. At a minimum, notice inviting bids/proposals shall be published once in a newspaper of general circulation in Volusia County at least fourteen (14) days prior to the last day for receipt of the bid/proposal. Notices shall also be sent to all applicable vendors found on the Master Bidders List. Department Heads are responsible for obtaining a sufficient number of formal sealed bids to insure that the best possible value is obtained for the City. D. Unless it is deemed unnecessary by the City Manager, bid deposits shall be required in the amount of five (5) percent of the bid. Unsuccessful bidders shall be entitled to full return of their deposit. Upon determination of the City Council, the successful bidder shall forfeit the bid deposit upon failure to enter into a contract or act on the purchase order within the time prescribed in the bid/proposal documents. E. Bids/proposals shall be submitted to the City Clerk no later than the date and time designated in the bid/proposal documents. The envelope containing the bid/proposal shall be sealed and marked according to the instructions. The City Clerk will date and time .stamp Adopted 96-R-08 4/15/96 each bid/proposal as it is received and file the bid/proposals unopened in a secure place until the time designated for the opening. Bids/proposals received after the designated time shall be returned unopened to the sender by the City Clerk. F. Pre-bid/proposal conferences may be held when deemed necessary by the Department Head. Notification shall be provided in the notice inviting bid/proposal. G. Bids/proposals shall be opened in public as provided for in the bid/proposal documents by the City Clerk and a representative of the Department involved. The purpose of the bid/proposal opening is to record the bids/proposals received, not to analyze them. H. The Department Head shall recommend to the City Council the selection of the lowest responsible and responsive bidder/proposer. In addition to price, the following factors shall be considered: (1) Whether the bidder/proposer can perform within the time specified. (2) Previous and current work for the City. (3) Sufficiency of the financial resources. (4) The quality, availability and adaptability of the items or services to the particular use required. (5) The ability of the bidder to provide future maintenance and service for the item. A copy of the Department Head's recommendation shall be provided to all bidders/proposers. I. Any bid/proposal award recommendation may be challenged on the grounds of irregularities in the bid procedure or the evaluation of the bid. Adopted 96-R-0a 4/15/96 (1) Within two (2) days after receipt of the recommendation of award, notice of intent to challenge must be filed with the City Manager and mailed to the vendor receiving the Department Head's recommendations. Within five (5) days after the notice of intent to challenge was filed a formal written challenge must be filed with the City Manager and mailed to the vendor receiving the 4 Department Head's recommendation. Failure to file in a timely manner shall constitute waiver of the right to challenge. (2) The notice of intent to challenge shall contain at a minimum the name, address and phone number of the challenger, identification of the bid/proposal involved and a brief statement of the basis of the protest. The formal written challenge shall identify the challenger and bid/proposal involved and provide a clear statement of the grounds on which the challenge is based as well as specify the relief to which the vendor believes he is entitled. (3) The City Manager shall investigate the challenge within five (5) working days. In the event the challenge is not resolved, the written challenge and the City Manager's recommendation shall be presented to the City Council prior to the award of the bid/proposal. (4) Nothing herein shall relinquish the City's rights to waive irregularities and formalities in accordance with the bid/proposal documents. Further, nothing herein shall create any rights in the unsuccessful bidder. J. City Council approval shall not be required for the purchase of equipment, supplies and services which are routine and recurring in nature such as gasoline, tires, meters, chemicals, and utility system repairs. Section 8. Competitive Quotations/Bidding Waived The following purchases may be effected by negotiation without the requirement for competitive quotations or bidding: A. Emergency purchases: The City Manager may authorize an emergency purchases as set forth herein. For the purposes of this section an emergency shall be defined as any condition where there is a threat to the public health, safety, welfare or property of the citizens of Edgewater. The Department Head must notify the City Manager of the existence of the emergency situation as soon as he becomes aware the problem exists. The City Council must be notified of the purchase and the circumstances involved by the City Manager as soon as possible after the occurrence of the event. Adopted 96-R-08 4/15/96 B. Professional services: For the purposes of this section professional services are those obtained in support of City operations from an independent contractor in one of the following professional fields: (1) Medical/Health (2) Legal (3) Financial (4) Architect/Engineering/Surveying (5) Appraisal (6) Audit/Accounting (7) Planning (8) Scientific (9) Management C. Books, periodicals, software, printed materials, artwork, photographs, film, film strips, video tapes, or similar materials which are purchased directly from the producer or publisher, the owner of the copyright, an exclusive agent of the State, a governmental agency or a recognized education institute. D. Commodities from State of Florida, PRIDE, or Federal Government contracts. E. Purchase, lease, or rental of real property. F. Sole source items or services upon certification from the Department Head that the item or service is the only one which will produce the desired/necessary results. G. Public utility services. H. Supplies or equipment and related services where compatibility of equipment, accessories or replacement parts and/or maintenance agreements permit only one reasonable source of supply. I. Advertisements. J. When bids/quotations have been solicited and no responsive bid has received from a responsible bidder. K. Services in connection with the assembly, installation or servicing of specialized equipment. L. Piggybacking on contracts of other governmental entities. M. Purchase of equipment, supplies and services which are Adopted 96-R-08 4/15/96 R routine and recurring in nature such as gasoline, tires, meters, chemicals, and utility system repairs. Other items or services as determined by the City Council. Depending upon the amount and nature of the purchase, approval by the Finance Director, City Manager or City Council may be required pursuant to Sections 5, 6 and 7 of these Purchasing Regulations. Adopted 96-R-08 4/15/96 PURCHASING REGULATIONS Section 1. Applicability These Purchasing Regulations shall be bin ing on the City Council and all agencies, boards, committees departments, and employees responsible to the City Council as established herein. These Regulations shall be deemed supplemen al to any applicable requirements of State law. Section 2. Implementation and Enforc The itManager shall be r4 conjunctio with the Finance Dire enforcing th Purchasing Regulations Department Hea shall be responsibly these Purchasin Regulations within the Purchasing Re lations may be g of up to and includin discharge. Section 3. General Normally, purchase services from outside ven quotations or bidding. policy are those authorize Regulations or by the City 6nsible, through and in Jr, for implementing and i a Citywide basis. Each implementing and enforcing department. Violation of s for disciplinary action, of m terials, supplies, equipment and rs 11 be acquired through competitive e only exceptions permitted to this d ' other sections of these Purchasing Section 4. Master Bidders li.ie The Finance Departm t sha 1 maintain a Master Bidders List comprised of vendors tha have re uested the opportunity to bid on City purchases. The Ma er Bidde s List shall be used for formal written quotations and Baled bids. The City is not limited to the use of vendors on the ster Bidders List, but may solicit bids or quotations from other endors if it i deemed in the best interest of the City to do so Section 5. Purchas�s of $2,000 or Leas A. Items o�/services of $2,000.00 o less shall be acquired through''informal quotations. The epartment Head shall solicit' informal quotations by tele one, in person or in writiq In requesting quotations, is essential that all vendors be given the same informat n and that prices are dot disclosed to other vendors. Dep tment Heads are re nsible for obtayning a suffici t number of quo ations to insure that the best possible value is obt fined for the City. The Department Head shall select the vendor whose proposal is�in the best interest of the Exhibit A ....it__ 96-R-08 �� CAlreC- DtIY S/�Gln. City after considering: (1) the price; (2) the capability, integrity and reliability of the vendor; and (3) any other special factors deemed important by the Department Head. B. Upon selection of a vendor, the Department Head shall initiate the Purchase Order process. The Department Head is authorized to proceed with the purchase upon receipt of a Purchase Order number from the Finance Department. The Finance Director shall review the Purchase Order for budgetary compliance and cost consistency with similar purchases. Department Heads shall provide the Finance Director with the informal quotations upon request. In his discretion, the Finance Director may submit a Purchase Order to the City Manager for review. C. The purchase of capital items over $500 shall require the approval of the City Manager. Upon completion of his review, the Finance Director shall submit the Purchase Order to the City Manager. The Department Head is authorized to proceed with the purchase upon receipt of a copy of the Purchase Order signed by the City Manager. Section 6. Purchases Over $2000 But Not More Than $5000 A. Items or services over $2,000.00, but not more than $5,000.00 shall be acquired through formal written quotations. At a minimum, the Department Head shall submit a request for formal written quotations along with the specifications to all applicable vendors found on the Master Bidders List. Department Heads are responsible for obtaining a sufficient number of formal written quotations to insure that the best possible value is obtained for the City. The Department Head shall select the vendor whose proposal is in the best interest of the City after considering: (1) the price; (2) the capability, integrity and reliability of the vendor; and (3) any other special factors deemed important by the Department Head. Upon selection of a vendor, the Department Head shall initiate the Purchase Order process. The Finance Director shall review the Purchase Order for budgetary compliance and cost consistency with similar purchases. Department Heads shall provide the Finance Director with the written quotations upon request. The purchase of items and services o,)Pr $2,000.00 shall require the approval of the Finance Director. The Department Head is authorized to proceed with,the purchase upon receipt of a copy of the Purchase Order signed by the Finance Exhibit A 96-R-08 Director. In his discretion, the Finance Director may submit a Purchase Order to the City Manager for review. Section 7. Purchases Over $5000 Items or services over $5,000.00 shall generally be acquired through formal sealed bids approved by the City Council. Items or services over $5,000.00 may be acquired through a Request for Proposals (RFP) approved by the City Council upon determination by the City Manager that this purchasing method is in the best interest of the City. In general, a Request for Proposal is appropriate when a need for a service has been identified, but no fixed specifications exist; when the expertise/creativity of a vendor is sought to assist the City. B. The request for formal sealed bids or RFP shall be prepared by the Department Head based on the Standard Bid/RFP Form which is hereby incorporated by reference. Prior to distribution, the document shall be approved by the City Manager and City Attorney. At a minimum, notice inviting bids/proposals shall be published once in a newspaper of general circulation in Volusia County at least fourteen (14) days prior to the last day for receipt of the bid/proposal. Notices shall also be sent to all applicable vendors found on the Master Bidders List. Department Heads are responsible for obtaining a sufficient number of formal sealed bids to insure that the best possible value is obtained for the City. Unless it is deemed unnecessary by the City Manager, bid deposits shall be required in the amount of five (5) percent of the bid. Unsuccessful bidders shall be entitled to full return of their deposit. Upon determination of the City Council, the successful bidder shall forfeit the bid deposit upon failure to enter into a contract or act on the purchase order within the time prescribed in the bid/proposal documents. Bids/proposals shall be submitted to the City Clerk no later than the date and time designated in the bid/proposal documents. The envelope containing the bid/proposal shall be sealed and marked according to the instructions. The City,Clerk will date and time stamp each bid/proposal as it is received and file the bid/proposals unopened iw=a secure place until the time designated for the opening. Bids/proposals received after Exhibit A 96-R-08 the designated time shall be returned unopened to the sender by the City Clerk. F. Pre-bid/proposal conferences may be held when deemed necessary by the Department Head. Notification shall be provided in the notice inviting bid/proposal. G. Bids/proposals shall be opened in public as provided for in the bid/proposal documents by the City Clerk and a representative of the Department involved. The purpose of the bid/proposal opening is to record the bids/proposals received, not to analyze them. H. The Department Head shall recommend to the City Council the selection of the lowest responsible and responsive bidder/proposer. In addition to price, the following factors shall be considered: (1) Whether the bidder/proposer can perform within the time specified. (2) Previous and current work for the City. (3) Sufficiency of the financial resources. (4) The quality, availability and adaptability of the items or services to the particular use required. (5) The ability of the bidder to provide future maintenance and service for the item. A copy of the Department Head's recommendation shall be provided to all bidders/proposers. I. Any bid/proposal award recommendation may be challenged on the grounds of irregularities in the bid procedure or the evaluation of the bid. Exhibit A 96-R-08 (1) within two (2) days after receipt of the recommendation of award, notice of intent to challenge must be filed with the City Manager and mailed to the vendor receiving the Department Head's recommendations. Within five (5) days after the notice of intent to challenge was filed a formal written challenge must be filed with the City Manager and mailed to the vendor receiving the Department Head'e`.i�ecommendation. Failure to file in a timely manner shall constitute waiver of the right to challenge., 4 (2) The notice of intent to challenge shall contain at a minimum the name, address and phone number of the challenger, identification of the bid/proposal involved and a brief statement of the basis of the protest. The formal written challenge shall identify the challenger and bid/proposal involved and provide a clear statement of the grounds on which the challenge is based as well as specify the relief to which the vendor believes he is entitled. (3) The City Manager shall investigate the challenge within five (5) working days. In the event the challenge is not resolved, the written challenge and the City Manager's recommendation shall be presented to the City Council prior to the award of the bid/proposal. (4) Nothing herein shall relinquish the City's rights to waive irregularities and formalities in accordance with the bid/proposal documents. Further, nothing herein shall create any rights in the unsuccessful bidder. City Council approval shall not be required for the purchase of equipment, supplies and services which are routine and recurring in nature such as gasoline, tires, meters, chemicals, and utility system repairs. Section 8. Competitive Quotations/Bidding Waived The following purchases may be effected by negotiation without the requirement for competitive quotations or bidding: A. Emergency purchases: The City Manager may authorize an emergency purchases as set forth herein. For the purposes of this section an emergency shall be defined as any condition where there is a threat to the public health, safety, welfare or property of the citizens of Edgewater. The Department Head must notify the City Manager of the existence of the emergency situation as soon as he becomes aware the problem exists. The City Council must be notified of the purchase and the circumstances involved by the City Manager as soon as possible after the occurrence of the event. B. Professional services: For the purposes of this section professional serviceslare those obtained in support of City operations from an independent contractor in one of the following professional fields: Exhibit A 96-R-08 (1) Medical/Health (2) Legal (3) Financial (4) Architect/Engineering/Surveying (5) Appraisal (6) Audit/Accounting (7) Planning (8) Scientific (9) Management C. Books, periodicals, software, printed materials, artwork, photographs, film, film strips, video tapes, or similar materials which are purchased directly from the producer or publisher, the owner of the copyright, an exclusive agent of the State, a governmental agency or a recognized education institute. D. Commodities from State of Florida, PRIDE, or Federal Government contracts. E. Purchase, lease, or rental of real property. F. Sole source items or services upon certification from the Department Head that the item or service is the only one which will produce the desired/necessary results. G. Public utility services. H. Supplies or equipment and related services where compatibility of equipment, accessories or replacement parts and/or maintenance agreements permit only one reasonable source of supply. I. Advertisements. J. When bids/quotations have been solicited and no responsive bid has received from a responsible bidder. K. Services in connection with the assembly, installation or servicing of specialized equipment. L. Piggybacking on contracts of other governmental entities. M. Purchase of equipment, supplies and services which are routine and recurring in nature such as gasoline, tires, meters, chemicals, and utility system repairs. N. Other items or services as determined by the City Council. �.. Exhibit A 96-R-08 6 Depending upon the amount and nature of the purchase, approval by the Finance Director, City Manager or City Council may be required Pursuant to Sections 5, 6 and 7 of these Purchasing Regulations. Exhibit A 96-R-08 INTER -OFFICE MEMORANDUM EDGEWATER, FLORIDA TO: City Manager City Clerk Department Heads FROM: Krista A. Storey, City AttorneyivX C.A. NO.: 96-61 DATE: April 17, 1996 SUBJECT: Adopted Purchasing Regulations Attached please find a copy of the Purchasing Regulations adopted by the City Council on April 15, 1996, pursuant to Resolution No. 96-R-08. Please refer to this copy (as opposed to the previous draft) with the footer at the bottom identifying the adoption information. The use of such footers will be used to identify/distinguish future adopted amendments from draft documents. As you know, the major change from the previous process is the purchase amount which triggers the requirement for Council approval. The approval of the City Manager is still required for the purchase of capital items over $500. In lieu of City Council approval, the approval of the Finance Director is required for the purchase of items over $2000 but not more than $5000. Pursuant to Section 7H, attached to the Purchasing Regulations is a copy of a sample Standard Bid/RFP Form which is to be utilized in any request for formal sealed bids or an RFP. Section 7B requires approval by the City Manager and City Attorney prior to distribution of any such document. Section 7C requires that the notice inviting bids/proposals be advertised at least 14 days prior to the bid/proposal opening. Pursuant to Section 7H, the Department Head shall provide a copy of his recommendation to the Council to all bidders/proposers. This starts the clock running on any bid/proposal challenge and accordingly, compliance is important. There may be other subtle changes in these Purchasing Regulations. I urge you to read them carefully. Please contact me if you have questions. KAS Attachment